Inchoate Crimes

Question 1

Attempt

Answer 1

The crime of attempt consists of (1) an intent to commit a particular crime; and (2) an act in furtherance of that intent.

Question 2

Sufficient Act in Furtherance, MPC Approach

Answer 2

An act is sufficient if it constitutes a substantial step in the course of conduct planned to culminate in the commission of the crime that objectively strongly corroborates the actor’s criminal purpose.

Question 3

Examples of Substantial Steps Under MPC Approach

Answer 3

Lying in wait, searching for or following the contemplated victim, enticing or seeking to entire the contemplated victim of the crime to go to the place contemplated for its commission, reconnoitering the place contemplated for the commission of the crime, unlawful entry of a structure, vehicle, or enclosure where it is contemplated that the crime will be committed, possession of materials to be employed in the commission of the crime.

Question 4

Sufficient Act in Furtherance, Proximity Approach

Answer 4

An act is sufficient if it is sufficiently proximate to the intended completed crime; Factors considered: the seriousness of the potential crime, the victim’s level of fear or apprehension, the likelihood of the crime actually occurring.

Question 5

Legal Impossibility

Answer 5

Conduct where the goal of the actor is not criminal, even though they believe it to be. Serves as a defense to attempt.

Question 6

Factual Impossibility

Answer 6

Conduct where the objective is proscribed by the criminal law, but a circumstance unknown to the actor prevents them from bringing it about. Is not a defense to attempt.

Question 7

Inherent Impossibility

Answer 7

The means chosen are totally ineffective to bring about the desired result (like voodoo).

Question 8

Abandonment Before Sufficient Act

Answer 8

A defendant who abandons his efforts before completing a sufficient act is not guilty of attempt as an essential element of attempt (an act in furtherance) is lacking.

Question 9

Abandonment After Sufficient Act

Answer 9

It is a defense to attempt liability if the defendant abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

Question 10

Conspiracy

Answer 10

Conspiracy requires (1) an agreement, (2) the defendant’s intent to commit a particular crime; and, in most jurisdictions, (3) an overt act in furtherance of that agreement.

Question 11

Agreement for Conspiracy

Answer 11

An agreement between among at least two persons who have at least a tacit understanding of the object of the conspiracy.

Question 12

The Bilateral Approach, Agreement for Conspiracy

Answer 12

Conspiracy requires an agreement between at least two people who actually have a genuine criminal intent to accomplish an illegal objective.

Question 13

The Unilateral Approach, Agreement for Conspiracy

Answer 13

MPC Approach. The person can be guilty of conspiracy even if others in the conspiracy feign agreement.

Question 14

Illegal Object

Answer 14

Each conspirator can be liable without agreeing to every illegal act but must understand the scheme’s essential nature; A condition imposed by the conspirators upon the carrying out of a conspiracy does not negate the conspiracy. U.S. v. Palmer

Question 15

Intent for Conspiracy

Answer 15

Conspiracy requires that the parties have the purpose to achieve a common unlawful objective; Conspiracy requires proof of two distinct intents: (1) the defendant intended to participate in the conspiracy, (2) the defendant intended that the conspiracy’s unlawful object be achieved

Question 16

Suppliers of Goods or Services Used to Commit the Crime

Answer 16

Supplier’s purpose to achieve a common unlawful objective with a criminal purchaser exists if the supplier (1) knew of the criminal use to which the goods or services are to be used; and (2) intended to further that criminal use, considering direct or circumstantial evidence

Question 17

Circumstantial evidence of supplier’s intent

Answer 17

Supplier sold supplies at an inflated price, that no legitimate use for the supplies exists, or a significant percentage of the supplier’s business is with the purchaser

Question 18

Duration of Conspiracy

Answer 18

Conspiracy ends when the conspirators have accomplished the conspiracy’s goal or abandoned the conspiracy; A person may become a coconspirator at any time between the formation and termination of the conspiracy

Question 19

Withdrawal from Conspiracy

Answer 19

If a defendant withdraws from the conspiracy, they are only liable for events occurred while participating.

Question 20

Establishing withdrawal

Answer 20

Defendant must prove that they (1) stopped participating in the conspiracy, (2) performed some affirmative act that was inconsistent with the conspiracy’s goals, (3) communicated their withdrawal to the other conspirators

Question 21

Scope of Conspiracy

Answer 21

In conspiracies with numerous participants, a person is a coconspirator only with those other participants that have a common interest

Question 22

Chain Conspiracy

Answer 22

In a chain conspiracy, the conspirators are involved in successive organizational cooperation.

Question 23

Hub and Spoke Conspiracy

Answer 23

A single person (the “hub”) operates individually with persons or groups operating independently (the “spokes”)

Question 24

The Pinkerton Doctrine

Answer 24

A conspirator may be held liable for criminal offenses committed by a coconspirator that are within the scope of the conspiracy, are in furtherance of it, and are reasonably foreseeable as a necessary or natural consequence of the conspiracy. When the conspirator has played a necessary part in setting in motion a discrete course of criminal conduct, he should be held responsible, within appropriate limits, for the crimes committed as a natural and probable result of that course of conduct.

Question 25

A defendant is vicariously liable for his coconspirators’ crimes if

Answer 25

(1) the defendant was a party to the conspiracy, (2) the crime was within the scope of the conspiracy’s unlawful aims, (3) the crime was in furtherance of the conspiracy, (4) the defendant could reasonably have foreseen that the crime was a necessary or natural consequence of the conspiracy

Question 26

Wharton’s Rule

Answer 26

A rule that bars a conviction for conspiracy to commit a crime that by definition can be committed only by two people acting together, such as bigamy, prostitution, or dueling.

Question 27

Conspiracy Overt Act Requirement

Answer 27

In jurisdictions requiring an “overt act,” conspiracy requires at least one coconpsirator to take an overt act in furtherance of the object of the conspiracy

Question 28

Conspiracy Overt Act Definition

Answer 28

An overt act is any action taken in furtherance of the conspiracy. The action may be merely preparatory and need not itself be criminal